Commerce, Occupational and Professional Licensing

Rule R156-60a

Social Worker Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 36189
Filed: 05/15/2012 09:58:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Social Worker Licensing Board are proposing these amendments to: 1) define the human growth and development and social welfare policy courses; 2) provide needed clarification of the social work practice methods course; 3) clarify acceptable master's degree types for licensure as a social service worker; 4) outline the process that a foreign born legal resident for whom English is a second language or an enrolled member of a federally recognized Native American tribe may request additional time on examinations under authority granted by H.B. 100 passed during the 2012 General Legislative Session; 5) clarify acceptable course providers or sponsors of continuing education courses; 6) replace incorporation of the 1999 revised version of the Code of Ethics of the National Association of Social Workers (NASW) with incorporation of the 2008 version; and 7) update incorrect references and renumber subsections.

Summary of the rule or change:

Updated various statute references throughout the rule. In Section R156-60a-102, the proposed amendment renumbers subsections throughout this section. In Subsection R156-60a-102(4), adds a definition of the human growth and development course required in Subsection 58-60-205 (4)(d)(iii)(A). The proposed definition provides needed clarification of subjects that the Board believes should be covered in an acceptable human growth and development course. In Subsection R156-60a-102(6), adds a definition of the social welfare policy course required in Subsection 58-60-205 (4)(d)(iii)(A). The proposed definition provides needed clarification of subjects that the Board believes should be covered in an acceptable social welfare policy course. In Subsection R156-60a-102(7), the definition of the social work practice methods course is clarified to require that the course be at a program accredited by the Council for Social Work Education. In Section R156-60a-302a, the term "professional counseling" is replaced with "mental health counseling" due to H.B. 100's replacement of the title "professional counselor" with "clinical mental health counselor." In Section R156-60a-302b, the proposed amendment updates an incorrect reference and makes some grammatical changes. In Subsection R156-60a-302d(5), the proposed amendment outlines the process that a foreign born legal resident for whom English is a second language or an enrolled member of a federally recognized Native American tribe may request additional time on examinations under H.B. 100. In Section R156-60a-302e, the proposed amendment updates an incorrect reference. In Subsection R156-60a-304(2)(c), the proposed amendment clarifies acceptable course providers or sponsors of continuing education courses. The current language was confusing for some licensees. Under the proposed amendment, county and federal agencies will join state agencies as acceptable providers of continuing education. In Section R156-60a-308, the proposed amendment replaces an incorrect reference. In Subsection R156-60a-502(24), the proposed amendment replaces incorporation of the 1999 revised version of the Code of Ethics of the National Association of Social Workers (NASW) with the 2008 version. The 2008 version differs from the 1999 version in that the former includes inclusive terminology regarding gender expression and immigration status.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-60-201

This rule or change incorporates by reference the following material:

• Updates Code of Ethics of the National Association of Social Workers, published by National Association of Social Workers, 2008

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The proposed amendments to the definitions of courses required for the social service worker license are intended to clarify the social service worker (SSW) education requirement. These changes have a savings impact on the Division and Department of Commerce because they will likely result in a decrease in the number of requests for agency review filed by applicants for the SSW license. The proposed amendments also create a process by which a foreign born legal resident for whom English is a second language or an enrolled member of a federally recognized Native American tribe may request additional time on examinations. Because only a few individuals are expected to submit a request, this new process will have minimal cost impact on the Division's budget and work load.

local governments:

The proposed amendments only apply to licensed social workers and applicants for licensure in various social worker classifications. As a result, the proposed amendments do not apply to local governments. Some social work licensees work in local government; however, the proposed amendments would not directly affect local governments.

small businesses:

The proposed amendments only apply to licensed social workers and applicants for licensure in various social worker classifications. As a result, the proposed amendments do not apply to small businesses. Some licensees may work in small businesses; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed social workers and applicants for licensure in various social worker classifications. The amendments to the definitions of courses and degrees required for the social service worker license are intended reflect how the Division already interprets the social service worker education requirement as established in the statute. For this reason, these amendments will not cause applicants to experience any increased compliance costs.

Compliance costs for affected persons:

The proposed amendments only apply to licensed social workers and applicants for licensure in various social worker classifications. The amendments to the definitions of courses and degrees required for the social service worker license are intended reflect how the Division already interprets the social service worker education requirement as established in the statute. For this reason, these amendments will not cause applicants to experience any increased compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing implements a new statutory change, updates references, and clarifies existing provisions. No fiscal impact to businesses is anticipated from these amendments.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Rich Oborn at the above address, by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/02/2012

Interested persons may attend a public hearing regarding this rule:

• 06/07/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

07/09/2012

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-60a. Social Worker Licensing Act Rule.

R156-60a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 60, as used in Title 58, Chapters 1 and 60, or this rule:

(1) "ASWB" means the Association of Social Work Boards.

(2) "CSW" means a licensed certified social worker.

(3) "Clinical social work concentration and practicum", "clinical concentration and practicum" "case work", "group work", or "family treatment course sequence with a clinical practicum", "clinical practicum" or "practicum", as used in Subsections 58-60-205(1)(g) and (2)(d)(ii), means a track of professional education which is specifically established to prepare an individual to practice or engage in mental health therapy.

(4) "Human growth and development", as used in Subsection 58-60-205(4)(d)(iii)(A)(II), means a course at an accredited college or university that includes an emphasis on human growth and development across the lifespan, from conception to death.

(5) "LCSW" means a licensed clinical social worker.

(6) "Social welfare policy", as used in Subsection 58-60-205(4)(d)(iii)(A)(I), means a course at an accredited college or university that includes emphasis on the following:

(a) local, state, and federal social policy and how it impacts individuals, families, and communities; and

(b) the diverse needs of social welfare recipients.

([5]7) "Social work practice methods", as used in Subsection 58-60-205(4)(d)(iii)(A) (III), means a course at a program[an] accredited [college or university]by the Council for Social Work Education as defined in Subsection 58-60-202(5) that includes emphasis on the following:

(a) generalist social work practice at the individual, family, group, organization, and community levels;

(b) planned client change process and social work roles at various levels;

(c) application of key values and principles of the National Association of Social Workers (NASW) Code of Ethics and resolution of ethical dilemmas; and

(d) evaluation of programs and direct practice in the social work field.

([6]8) "SSW" means a licensed social service worker.

([7]9) "Supervised practice of mental health therapy by a clinical social worker", as used in Subsection 58-60-202(4)(a), means that the CSW is under the general supervision of an LCSW meeting the requirements of Sections R156-60a-302e and R156-60a-601.

 

R156-60a-302a. Education Requirements for Licensure as an SSW.

In accordance with Subsection 58-60-205([3]4)(d)(ii), a master's degree qualifying an applicant for licensure as an SSW shall be in a field of social work, psychology, marriage and family therapy, or [professional]mental health counseling.

 

R156-60a-302b. Experience Requirements for Licensure as an SSW.

In accordance with Subsection 58-60-205(4)(d)(iii)(B), the 2,000 hours of supervised qualifying experience for licensure as an SSW shall be:

(1) [be] performed as an employee of an agency providing social work services and activities;

(2) [be] performed according to a written social work job description approved by the licensed mental health therapist supervisor; and

(3) [be] completed over a duration of not less than one year.

 

R156-60a-302d. Examination Requirements.

(1) In accordance with Subsection 58-60-205(1)(h), the examination requirements for licensure as an LCSW include passing the Clinical Examination of the ASWB or the Clinical Social Workers Examination of the State of California.

(2) In accordance with Subsection 58-60-205(2)(e), the examination requirements for licensure as a CSW shall include passing the Masters, Advanced Generalist, or Clinical Examination of the ASWB.

(3) In accordance with Subsection 58-60-205(4)(e), the examination requirements for licensure as an SSW shall include passing the Bachelors Examination of the ASWB.

(4) Applicants for any ASWB exam must pass the exam within one year from date of the Division's approval for the applicant to take the exam. If the applicant does not pass the required exam within one year, the pending license application shall be denied.

(5) Applicants requesting additional time to complete any ASWB exam in accordance with Subsection 58-60-205(5) shall complete an ASWB application for special arrangements approved by the Division.

 

R156-60a-302e. Requirements to Become an LCSW Supervisor.

In accordance with Subsections [58-60-202(2)(c),] 58-60-202(3)([a]c) and 58-60-205(1)(e) and (f), in order for an LCSW to supervise a CSW, the LCSW shall:

(1) be currently licensed in good standing as an LCSW; and

(2) have engaged in active practice as an LCSW, including mental health therapy, for a period of not less than two years prior to supervising a CSW.

 

R156-60a-304. Continuing Education.

(1) Required Hours. In accordance with Subsection 58-60-105(1) and Section 58-60-205.5, during each two year renewal cycle commencing on October 1 of each even numbered year:

(a) An LCSW shall be required to complete not fewer than 40 hours of continuing education. A minimum of three of the 40 hours shall be completed in ethics and/or law.

(b) An SSW shall be required to complete not fewer than 20 hours of continuing education of which a minimum of three contact hours shall be completed in ethics and/or law.

(c) The required number of hours of continuing education for an individual who first becomes licensed during the two year renewal cycle shall be decreased in a pro-rata amount.

(d) The Division may defer or waive the continuing education requirements as provided in Section R156-1-308d.

(2) A continuing education course shall meet the following standards:

(a) Time. Each hour of continuing education course credit shall consist of not fewer than 50 minutes of education. Licensees shall only receive credit for lecturing or instructing the same course up to two times. Licensees shall receive one hour of continuing education for every one hour of time spent lecturing or instructing a continuing education course;

(b) Course Content and Type. A course shall be presented in a competent, well organized and sequential manner consistent with the stated purpose and objective of the course;

(i) The content of the course shall be relevant to the practice of social work and shall be completed in the form of any of the following course types:

(A) seminar;

(B) lecture;

(C) conference;

(D) training session;

(E) webinar;

(F) internet course;

(G) distance learning course;

(H) specialty certification; or

(I) lecturing or instructing of a continuing education course;

(ii) The following limits apply to the number of hours recognized in the following course types during a two year license renewal cycle:

(A) a maximum of ten hours for lecturing or instructing of continuing education courses meeting these requirements; and

(B) a maximum of 15 hours for online, distance learning, or home study courses that include examination and issuance of a completion certificate;

(c) Course Provider or Sponsor. The course shall be approved by, conducted by, or under the sponsorship of one of the following:

(i) a recognized accredited college or university;

(ii) a community mental health agency or [entity providing]a public agency that provides mental health services[ under the auspices of the State of Utah];

(iii) a professional association or society involved in the practice of social work; or

(iv) the Division of Occupational and Professional Licensing;

(d) Objectives. The learning objectives of the course shall be clearly stated in course material;

(e) Faculty. The course shall be prepared and presented by individuals who are qualified by education, training and experience;

(f) Documentation. Each licensee shall maintain adequate documentation as proof of compliance with this Section, such as a certificate of completion, school transcript, course description, or other course materials. The licensee shall retain this proof for a period of three years after the end of the renewal cycle for which the continuing education is due; and

(i) At a minimum, the documentation shall contain the following:

(A) date of the course;

(B) name of the course provider;

(C) name of the instructor;

(D) course title;

(E) number of hours of continuing education credit; and

(F) course objectives.

(3) Extra Hours of Continuing Education. If a licensee completes more than the required number of hours of continuing education during a two year renewal cycle specified in Subsection (1), up to ten hours of the excess over the required number may be carried over to the next two year renewal cycle. No education received prior to a license being granted may be carried forward to apply towards the continuing education required after the license is granted.

 

R156-60a-308. Reinstatement of an LCSW License which has Expired Beyond Two Years.

In accordance with Subsection 58-1-308(6) and Section R156-1-308[e]g, an applicant for reinstatement for licensure as an LCSW, whose license expired after two years following the expiration of that license, shall:

(1) upon request, meet with the Board to evaluate the applicant's ability to safely and competently practice clinical social work and mental health therapy;

(2) upon recommendation of the Board, establish a plan of supervision under an approved supervisor which may include up to 4,000 hours of clinical social work and mental health therapy training as a CSW before qualifying for reinstatement of the LCSW license;

(3) pass the Clinical Examination of the ASWB if it is determined by the Board that examination or reexamination is necessary to demonstrate the applicant's ability to safely and competently practice clinical social work and mental health therapy; and

(4) complete a minimum of 40 hours of continuing education in subjects determined by the Board as necessary to ensure the applicant's ability to safely and competently practice clinical social work and mental health therapy.

 

R156-60a-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) using the abbreviated title of LCSW unless licensed as an LCSW;

(2) using the abbreviated title of CSW unless licensed as a CSW;

(3) using the abbreviated title of SSW unless licensed as an SSW;

(4) acting as a supervisor or accepting supervision of a supervisor without complying with or ensuring the compliance with the requirements of Sections R156-60a-302c and R156-60a-601.

(5) engaging in the supervised practice of mental health therapy as a licensed CSW unless:

(a) the licensee has completed a clinical practicum as part of the Council on Social Work Education (CSWE) accredited master's degree program; and

(b) the scope of practice is otherwise within the licensee's competency, abilities and education;

(6) engaging in the supervised practice of mental health therapy when not in compliance with Section R156-60a-302c and Subsection R156-60a-601(7);

(7) engaging in or aiding or abetting conduct or practices which are dishonest, deceptive or fraudulent;

(8) engaging in or aiding or abetting deceptive or fraudulent billing practices;

(9) failing to establish and maintain professional boundaries with a client or former client;

(10) engaging in dual or multiple relationships with a client or former client in which there is a risk of or potential harm to the client;

(11) engaging in sexual activities or sexual contact with a client with or without client consent;

(12) engaging in sexual activities or sexual contact with a former client within two years of documented termination of services even when there is no risk of exploitation or potential harm to the client;

(13) engaging in sexual activities or sexual contact with client's relatives or other individuals with whom the client maintains a personal relationship when there is a risk of exploitation or potential harm to the client;

(14) embracing, massaging, cuddling, caressing, or performing any other act of physical contact with a client when there is a risk of exploitation or potential harm to the client resulting from the contact;

(15) engaging in or aiding or abetting sexual harassment or any conduct which is exploitive or abusive with respect to a student, trainee, employee, or colleague with whom the licensee has supervisory or management responsibility;

(16) failing to exercise professional discretion and impartial judgement required for the performance of professional activities, duties and functions;

(17) failing to render impartial, objective, and informed services, recommendations or opinions with respect to custodial or parental rights, divorce, domestic relationships, adoptions, sanity, competency, mental health or any other determination concerning an individual's civil or legal rights;

(18) exploiting a client or former client for personal gain;

(19) exploiting a person who has a personal relationship with a client for personal gain;

(20) failing to maintain client records including records of assessment, treatment, progress notes and billing information for a period of not less than ten years from the documented termination of services to the client;

(21) failing to provide client records in a reasonable time upon written request of the client, or legal guardian;

(22) failing to obtain informed consent from the client or legal guardian before taping, recording or permitting third party observations of client activities or records;

(23) failing to protect the confidences of other persons named or contained in the client records; and

(24) failing to abide by the provisions of the Code of Ethics of the National Association of Social Workers (NASW) as approved by the NASW 1996 Delegate Assembly and revised by the [1999]2008 NASW Delegate Assembly, which is adopted and incorporated by reference.

 

KEY: licensing, social workers

Date of Enactment or Last Substantive Amendment: [February 10, 2011]2012

Notice of Continuation: August 31, 2009

Authorizing, and Implemented or Interpreted Law: 58-60-201; 58-1-106(1)(a); 58-1-202(1)(a)